사해행위취소
1. Revocation of a judgment of the first instance;
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The status of the parties, etc. 1) A Co., Ltd. (hereinafter “Nonindicted Company”)
) The company is established for the purpose of the construction business of steel mart, etc., and is a company with three rental apartments with 297 households, Dong-dong, 14,240 square meters above 2,00 m2, Jeonnam-gun G, Jeonnam-gun, and Jeonnam-gun, G
A) A contract for a new construction work was undertaken, and the Plaintiff received a supply of mold construction work during the said construction work. While the construction work was being performed, the Plaintiff had undergone a number of legal disputes inside and outside the country, and the said construction work was suspended. 2) C was appointed respectively as a director of the non-party company on December 16, 2002, and the representative director of the non-party company on May 6, 2003, but was dismissed from office on June 22, 2005, and again appointed as a director and the representative director of the non-party company on June 12, 201.
B. The assignment of claims 1) On July 9, 2010, Nonparty Company filed a claim against C for compensation of KRW 355,400,00 (i.e., KRW 180,000,000 KRW 250,000 KRW 5,400,000 KRW 5.40,000) (i.e., KRW 200,000 KRW 15,000 KRW 5.40,000) (i.e., Gwangju District Court 201Ga7401), and thereafter C filed a counterclaim seeking the agreed amount (hereinafter referred to as “claim against C”).
(2) On July 29, 2011, H, the representative director of the non-party company, entered into an agreement on the transfer and takeover of claims between the Plaintiff and the non-party company, stating that “35,400,000 won out of the damage claim that the non-party company owned against C in the case No. 2010Gahap7401 in Gwangju District Court,” which was in progress with the Plaintiff.
(3) On August 5, 2011, and August 17, 2011, the company notified Nonparty C of the assignment of the instant claim. (4) On September 1, 2011, the Gwangju District Court rendered a judgment in favor of Nonparty C, which rendered a judgment dismissing the counterclaim by Nonparty C, by paying KRW 312,012,505 (the amount deducted from the repayment deposit, etc. at the above KRW 355,40,000) to Nonparty Company and its delay damages.